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James Edward Berge
Berge & Berge LLP
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Claimed Lawyer ProfileQ&A
Practice Areas
- Elder Law
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Fees
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- California
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Professional Experience
- Estate Planning Attorney
- Berge & Berge LLP
- - Current
Education
- Golden Gate University School of Law
- LL.M. | Taxation
- Honors: Cum Laude
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- Santa Clara University School of Law
- J.D. (1986)
- Honors: Cum Laude
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- Santa Clara University
- B.S. (1981) | Accounting
- Honors: Magna Cum Laude Alpha Sigma Nu
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Awards
- Elijah Watt Sells Award
- American Institute of Certified Public Accountants
- Top 100 Score in the Nation on May 1981 Uniform CPA Exam
Professional Associations
- California State Bar # 126568
- Member
- - Current
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Publications
Articles & Publications
- Special Needs Trusts: Planning, Drafting and Administration
- University of California Continuing Education of the Bar
Certifications
- Estate Planning, Trust & Probate Law
- California State Bar Board of Legal Specialization
Websites & Blogs
- Website
- Website
Legal Answers
220 Questions Answered
- Q. Transfer of real property, intestate estate. 2 of the 6 heirs hope to take over the property, all heirs agree. What now?
- A: I agree with Gina. It sounds like you will need to file a petition for probate and ask for the appointment of an estate administrator before you try to refinance the property, and the six of you should be able to agree on whatever you want provided it’s in writing and your settlement agreement is approved by the court. A qualified disclaimer might be an option, and an assignment of beneficial interest Is another option. If you want to pass along dad’s low tax base for property tax purposes, you should seek the advice of a probate attorney. There’s a right way to do it and a wrong way, and the difference could be in the tens of thousands of dollars. Give me a call and perhaps I can help. 408-985-9918
- Q. Dad died Wed. and my sister (100% beneficiary) wants to petition LA court to add me to Living Trust. How do we do this?
- A: I agree with John. Court may not be be necessary. Talk to an estate planning lawyer about the possibility of a qualified disclaimer, or consider a straight gift from your sister after she collects the money from the trust, or perhaps a simple assignment by her of a half share of the trust out of her share of the trust. Good luck!
- Q. I live in my dad's CA rental, when he passes this property to me, will it be reassessed as it is not his primary home?
- A: Unfortunately, yes. To claim a parent to child reassessment exemption under Prop 19, both the parent and child must occupy the property as their principal residence.
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